Last Will & Testament (Basic $100)

A Last Will and Testament, commonly referred to as a will, is a legal document that explains how a person’s property—such as real estate, personal belongings, and financial accounts—should be handled after their death. Under Nevada law, specifically NRS 133.020, any person who is of sound mind and at least 18 years old has the right to leave instructions for distributing their estate through a will, although their debts must still be paid first.

The main goal of having a will is to make sure your property is distributed according to your wishes, not just according to state law. If you die without a will, Nevada’s intestacy laws will decide who inherits your property. Typically, it will go first to your spouse and children, then to other close relatives like parents or siblings. However, this legal process might not match what you would have personally wanted.

Probate Requirements for a Basic Will

In Nevada, probate is usually required to make a basic will official and to start the process of distributing the person's assets. Probate means taking the will to court to have it recognized as valid. According to NRS 136.050, the will must be delivered to the court clerk or the person named to manage the estate (called the personal representative) within 30 days after learning about the death. Sometimes, witnesses might need to be called to confirm the will, as explained in NRS 136.130, unless the will already includes self-proving affidavits under NRS 136.160, which make the process easier.

There are a few exceptions. For example, if the estate is worth $25,000 or less and does not include real estate, you might be able to avoid full court proceedings by using a simple affidavit of entitlement under NRS 146.080. But if the estate is larger than $25,000 or includes real estate, a full probate process is usually required, even with a basic will.

Notary and Witness Requirements

NRS 133.040, requires the will to be in writing and signed by the testator or by an attending person at the testator’s direction. At least two competent witnesses must subscribe their names in the testator’s presence, and these witnesses should not be beneficiaries to avoid complications, as per NRS 133.060. If a beneficiary witnesses, NRS 133.060 may void their inheritance unless there are two other competent witnesses, ensuring fairness. A notary is not mandatory for the will’s validity, as NRS 133.040 does not require it, but they can help with the self-proving affidavit process, as outlined below. This requirement is straightforward, with no significant debate, ensuring clarity for laypersons.

Self-Proving Affidavit Details

A self-proving affidavit, as defined in NRS 133.050, is a document signed by the witnesses, before a notary, attesting to the will’s proper execution. This affidavit, can be attached to the Will or incorporated into it and simplifies probate by reducing the need for witnesses to testify in court. NRS 136.160, allows for self-proving affidavits to substitute for witness testimony. Per NRS 133.050 subsections 2 and 3, the form of the affidavit can be a declaration under penalty of perjury or a notarized affidavit. This process enhances efficiency, especially in busy probate courts.

Importance of Professional Legal Assistance

While not directly mandated by statute, using a Nevada attorney to draft your Will is critical, due to the complexity and state-specific nature of estate planning.  Attorneys ensure compliance with Nevada laws/statutes, addressing nuances like community property laws under NRS 123.220, tax implications, and family dynamics that generic online forms may overlook.  Online services, while convenient, may not account for Nevada’s unique legal requirements, potentially leading to invalidation or disputes.